(There are other theories but most of the discussion is between these two). See further ch 8 par 6.5 below. In this section, I introduce a new formulation of the interest theory of rights. See further ch 8 par 6.1 below. It may require the derivation of other rights as prerequisites to security, such as the satisfaction of basic nutritional needs and the need to be free from arbitrary detention or arrest, for example. I will then present the main features of Kramer’s interest theory and argue for a new, streamlined version of that theory. I will begin with a methodological discussion of the ‘debate over rights’ and outline what rights theorists generally view as touchstones of success for their respective theories. A.

11 Farson Birthrights (1974), as analysed by Wald 1979 UCDLR 257. Chapter 8 The theory of children’s rights 9 Wald 1979 UCDLR 256-257. HISTORICAL EVOLUTION OF HUMAN RIGHTS Human Rights is not a modern phenomenon. Keywords: Children’s rights, rights for children, s 1 Children Act 1989, welfare principle, best interests, will theory, interest theory, expressive function of law, children’s autonomy, AC v Manitoba (Director of Child and Family Services) 2009 SCC 30. 13 Hafen 1976 BYULR 605. 12 Goldstein et al Before best interests.See further ch 8 par 2.3.5, 3, 4.2 & 4.3 below. 10 Fortin Children’s rights 3; Human in Davel (ed) et al Introduction 150. Interest theory argues that the that the principle function of human rights is to protect and promote certain essential human interests, while will theory attempts to establish the validity of human rights based on the unique human capacity for freedom. The philosopher John Finnis provides a good representative of the interests theory approach. It is the result of a long process of evolution. This interest serves to ground our claim to the right. On the other hand, according to the Interest theory, rights exist to serve relevant POLI10702 – Introduction to Political Theory University Registration; 7366537 Page 2 of 7 work entitled ‘Essays on Bentham: Studies in Jurisprudence and Political Theory’, where he observed, “The individual who has the right is a small-scale sovereign”4. There’s an interest theory of rights which gives one answer, and then there’s a will theory of rights which gives another, incompatible answer. Suggested Citation: Suggested Citation

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